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NOTICE OF ALLOWANCE AND FEE(S) DUE 



30559 7590 05/13/2008 

CHIEF PATENT COUNSEL 
SMITH & NEPHEW, INC. 
1450 BROOKS ROAD 
MEMPHIS, TN 38116 



EXAMINER 



SHAHRESTANI, NASIR 
ART UNIT PAPER NUMBER 



DATE MAILED: 05/13/2008 



| APPLICATION NO. | FILING DATE | FIRST NAMED INVENTOR | ATTORNEY DOCKET NO. | CONFIRMATION NO. 

09/925,193 08/09/2001 Alan A. Winder 41482/253466 4292 

TITLE OF INVENTION: METHOD AND APPARATUS FOR CONTROLLING ACOUSTIC MODES IN TISSUE HEALING APPLICATIONS 



| APPLN. TYPE | SMALL ENTITY | ISSUE FEE DUE | PUBLICATION FEE DUE | PREV. PAID ISSUE FEE | TOTAL FEE(S) DUE | DATE DUE | 

nonprovisional NO $1440 $0 $1440 $1440 08/13/2008 

THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. 
PROSECUTION ON THE MERITS IS CLOSED . THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS. 
THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON 
PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308. 

THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE 
MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS 
STATUTORY PERIOD CANNOT BE EXTENDED . SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES 
NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS 
PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM 
WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW 
DUE. 



HOW TO REPLY TO THIS NOTICE: 

I. Review the SMALL ENTITY status shown above. 

If the SMALL ENTITY is shown as YES, verify your current 
SMALL ENTITY status: 

A. If the status is the same, pay the TOTAL FEE(S) DUE shown 
above. 

B. If the status above is to be removed, check box 5b on Part B - 
Fee(s) Transmittal and pay the PUBLICATION FEE (if required) 
and twice the amount of the ISSUE FEE shown above, or 



If the SMALL ENTITY is shown as NO: 



A. Pay TOTAL FEE(S) DUE shown above, or 



B. If applicant claimed SMALL ENTITY status before, or is now 
claiming SMALL ENTITY status, check box 5a on Part B - Fee(s) 
Transmittal and pay the PUBLICATION FEE (if required) and 1/2 
the ISSUE FEE shown above. 



II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office 
(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b" 
of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a 
request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing 
the paper as an equivalent of Part B. 

III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to 
Mail Stop ISSUE FEE unless advised to the contrary. 

IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of 
maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due. 



PTOL-85 (Rev. 08/07) Approved for use through 08/3 1/2010. 



Page 1 of 3 



PART B - FEE(S) TRANSMITTAL 

Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE 

Commissioner for Patents 
P.O. Box 1450 

Alexandria, Virginia 22313-1450 
or Fax (571)-273-2885 

INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where 

appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed ' '' ' ' ' ' — - " 

indicated unless corrected below or directed otherwise in Block 1. by (a) specifying a new correspondence address; and/or (b) in 



30559 7590 05/ 

CHIEF PATENT COUNSEL 
SMITH & NEPHEW, INC. 
1450 BROOKS ROAD 



Note: A certificate of mailing can only be used for domestic mailings of the 
Fee(s) Transmittal. This certificate cannot be used for any other accompanying 
papers. Each additional paper, such as an assignment or formal drawing, must 
have its own certificate of mailing or transmission. 

Certificate of Mailing or Transmission 

I hereby certify that this Fee(s) Transmittal is being deposited with the United 
:s Postal Service with sufficient postage for first class mail in an envelope 



MEMPHIS, TN 38116 








| APPLICATION NO. | FILING DATE | FIRST NAMED INVENTOR | ATTORNEY DOCKET NO. | CONFIRMATION NO. 



09/925,193 08/09/2001 Alan A. Winder 41482/253466 

TITLE OF INVENTION: METHOD AND APPARATUS FOR CONTROLLING ACOUSTIC MODES IN TISSUE HEALING APPLICATIONS 



APPLN. TYPE 



SMALL ENTITY 



ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE 



SHAHRESTANI, NASIR 



3737 



1. Change of correspondence address or indication of "Fee Address" (37 
CFR 1.363). 

Q Change of correspondence address (or Change of Correspondence 
Address form PTO/SB/122) attached. 

Q "Fee Address" indication (or "Fee Address" Indication form 
PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer 
Number is required. 



CLASS-SUBCLASS 



600-003000 



2. For printing on the patent front page, list 

(1) the names of up to 3 registered patent attorneys 
or agents OR, alternatively, 

(2) the name of a single firm (having as a member a 
registered attorney or agent) and the names of up to 
2 registered patent attorneys or agents. If no name is 
listed, no name will be printed. 



3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type) 
PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the paten 
recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assi; 

(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY anc 



assignee is identified below, the document has been filed for 
STATE OR COUNTRY) 



Please check the appropriate as 



at be printed on the patent) : Q Individual Q Corporation or other private group entity Q Goven 



Q Publication Fee (No small entity discount permitted) 
Q Advance Order - # of Copies 



4b. Payment of Fee(s): (Please first reapply any previously paid is 

Q A check is enclosed. 

□ Payment by credit card. Form PTO-2038 is attached. 

□ The Director is hereby at 
overpayment, to Deposit . 



5. Change in Entity Status (from status indicated above) 

□ a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27. □ b. Applicant 




ng SMALL ENTITY status. See 37 CFR 1.27(g)(2). 




NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone ot 
interest as shown by the records of the United States Patent and Trademark Office. 


er than the applica 


nt; a registered attorney or agent; or the assignee or ot 


er party in 



■d Signatu 
Typed or printed m 



Regist 



■n No. _ 



This collection oi 



is required by 37 CFR 1.31 1. The informatio 



benefit by the public which is to file (and by the USPTO to process) 
to take 12 minutes to complete, including gathering, preparing, and 
submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete 
this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. 
Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, 
Alexandria, Virginia 22313-1450. 

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 



PTOL-85 (Rev. 08/07) Approved for use through 08/3 1/2010. 



OMB 0651-0033 



U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 



APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 



Alan A. Winder 41482/253466 



30559 7590 05/13/2008 | 

CHIEF PATENT COUNSEL shahrestani, nasir 



SMITH & NEPHEW, INC. art unit paper number 

1450 BROOKS ROAD 1 — 1 

MEMPHIS, TN 38116 daiemailed: 05/13/2008 



Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) 

(application filed on or after May 29, 2000) 

The Patent Term Adjustment to date is 1423 day(s). If the issue fee is paid on the date that is three months after the 
mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half 
months) after the mailing date of this notice, the Patent Term Adjustment will be 1423 day(s). 

If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that 
determines Patent Term Adjustment is the filing date of the most recent CPA. 

Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval 
(PAIR) WEB site (http://pair.uspto.gov). 

Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of 
Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be 
directed to the Customer Service Center of the Office of Patent Publication at l-(888)-786-0101 or 
(571)-272-4200. 



PTOL-85 (Rev. 08/07) Approved for use through 08/3 1/2010. 



Page 3 of 3 





Application No. 


Applicant(s) 


Notice of Allowability 


09/925,193 


WINDER ET AL. 


Examiner 


Art Unit 






NASIR SHAHRESTANI 


3737 





~ The MAILING DATE of this communication appears on the cover sheet with the correspondence address- 

All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included 
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS 
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative 
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1 308. 

1 . This communication is responsive to 03/18/2008 . 

2. ^ The allowed claim(s) is/are 1-45 and 47-71 . 

3. □ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). 

a) DAN b)DSome* c) □ None of the: 

1. D Certified copies of the priority documents have been received. 

2. Q Certified copies of the priority documents have been received in Application No. . 

3. O Copies of the certified copies of the priority documents have been received in this national stage application from the 

International Bureau (PCT Rule 17.2(a)). 
* Certified copies not received: . 

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements 
noted below. Failure to timely comply will result in ABANDONMENT of this application. 
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 

4. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF 

INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient. 

5. □ CORRECTED DRAWINGS ( as "replacement sheets") must be submitted. 

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached 

1) □ hereto or 2) □ to Paper No./Mail Date . 

(b) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of 

Paper No./Mail Date . 

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of 
each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d). 

6. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the 

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. 



Attachment(s) 

1 . □ Notice of References Cited (PTO-892) 

2. □ Notice of Draftperson's Patent Drawing Review (PTO-948) 

3. S Information Disclosure Statements (PTO/SB/08), 

Paper No./Mail Date 03/18/2008 

4. □ Examiner's Comment Regarding Requirement for Deposit 

of Biological Material 



5. Q Notice of Informal Patent Application 

6. □ Interview Summary (PTO-413), 

Paper No./Mail Date . 

7. O Examiner's Amendment/Comment 

8. □ Examiner's Statement of Reasons for Allowance 

9. □ Other . 

/Brian L. Casler/ 
SPE Art Unit 3737 



PTOL-37 (Rev. 08-06) 



Notice of Allowability 



Part of Paper No./Mail Date 20080424